Public relations regulated by administrative law. Their characteristics and features

In the classification of sectors in the theory distinguish right method and scope of regulation. The latter is considered the main element of differentiation. It is formed by social relations which are regulated by the norms of a particular industry. Next, consider What is the range of public relations regulated by administrative law.

General information

Administrative law regulates social relations arising out from it in the field of organization and implementation of public administration. They are called management.

They stand out from all social relations a number of attributes. The key is the basis. All other characteristics are derived from it.

Legal relationship

OnPublic relations regulated by administrative law, the parties unequal. One of the participants always have priority in decision-making.

It follows that Public relations regulated by administrative law are overbearing in the sense that one party is empowered to make decisions in relation to the other. Accordingly, not all interactions can be called management, although they may arise in the field of management. In this area the parties can engage in labour, financial, civil, land and other matters.

Interactions, regulated by civil norms, can also be based on the authoritative subordination. For example, talking about business partnerships, societies and their subsidiaries. However, unlike Public relations regulated by administrative law, their members are subjects of civil law, they pursue a civil interest, related to the participation in the turnover.

Organizational

Business relations-organizational interactions. In the field of public administration there are relations associated with the implementation of the civil legal capacity of legal entities (in transactions), employment (when employment, collective bargaining, etc.), the self-organization of the legislative, judicial and other bodies.

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Organizational Public relations regulated by administrative law, defines their essence. They can occur about any property. In practice they tend to be property management. For example, Administrative law regulates social relations associated with the creation of the unitary enterprises, transfer of objects of state property from one owner to another entity, etc. however, unlike a civilian, they do not have the equivalent of a compensatory character. They have no monetary value.

In some cases provides for a fee for action taken by the authorities. However, it is not the result of civil transactions. This fee – a consequence of unilateral decisions. It is a kind of compensation for the expenses of government agencies and is expressed in the form of fees, duties, etc. for Example, the legislation establishes a duty for the state registration of legal entities, transport and so on.

Purpose of activity of subjects and their achievements

Character Public relations regulated by norms of administrative law, depends on various factors. Among them objectives of the participants, and the methods chosen to achieve them.

The Most significant example of this assertion are the interactions that involve the bailiffs. Their task is the protection of a set of objects, the performance including. If necessary, they interact with other entities.

Another category of officials – the bailiffs. Their activities are associated with the direct implementation of judicial decisions according to the rules established by law. The relations into which they enter, are often used coercive measures to persons performing voluntary decision.

Classification

Depending on the scope of their occurrence entails the following Public relations regulated by administrative law as:

• Internal. They arise within each management body.
• External. They are connected with interaction of state bodies with other objects and actors.

Foreign relations characteristic of a plurality of types of participants. Each of them has its own specific nature, legal status, purpose. According to these criteria we can distinguish the subtypes of entities. For example, in The sphere of public relations regulated by administrative law, as subjects can act government and Federal agencies.

Subject structure

The totality of social relations regulated by administrative law, consists primarily of interaction between government agencies and

• Individuals. It is primarily about the citizens of the Russian Federation. While in a relationship can participate and foreign individuals and entities without citizenship.
• Government and non-government organizations of differentthe form of ownership.
• Other controls. Thus in the totality of social relations regulated by norms of administrative law, included both vertical and horizontal interaction.
• Civil Servants.
• Municipal institutions, enterprises, organizations.
• The Executive bodies of the MO.
• Municipal servants.

The circle of public relations regulated by administrative law, includes interaction of employees with each other.

Territorial authority

Specifying What social relations are governed by administrative law, often researchers ignore the existence of relatively independent categories of interactions. These are relations connected with the functioning of the Executive authorities.

The municipalities have interactions that are similar to state governance, but with a number of features inherent in the system of local government. The scope, character, the base of the formation in it Circle of public relations regulated by administrative law, defined in FZ № 131.

In accordance with the regulation at this level can occur the relationship of local government structures:

• Individuals.
• Municipal organizations, institutions, enterprises.
• Municipal servants.

Important

It Should be noted that at the municipal level, Administrative law regulates social relations, involving the local Executive bodies and their employees, as well as individuals, businesses, organizations, institutions located within the boundaries of MO.

Self-organization of the system of local government is not covered by administrative regulations. It is regulated by municipal law.

Special category

Administrative law regulates social relations, involving on the one hand enterprises, institutions, their officials having authority, and individuals and organizations created by them. In legal literature the terms interaction usually is not allocated specifically. Meanwhile, a large number of functions and tasks in the sphere of control, shift it to the level of institutions and enterprises. In the process of functioning of the implemented legal personality of citizens and organizations formed by them. Speech, in particular, about the customs, Supervisory, registered, border and other structures.

The Activities of many institutions and enterprises connected with the maintenance of order and the use of especially dangerous objects. In this respect, their employees are given powers to directly apply administrative coercive measures in the procedure and cases defined by regulations. To such officials, in particular, can be attributed to captains and commanders of the air, sea, river vessels, etc.

The Specified reference is quite often given to employees of enterprises and institutions regardless of their form of ownership. This is due to the fact that they have a common purpose, namely, to ensure order and security in society. The grounds the exercise of power and the nature of the coercive measures are based on the content of the basic directions of activity of the concrete enterprise or institution.

Independent group of relationships

Part of the subject matter of the industry included interactions that have administrative nature and arising in the system of Prosecutor's supervision, judicial and legislative branches. They appear mainly due to the formation of the administrative apparatus with the appropriate authorities. In some cases, their appearance is directly related to the formation of specific structures of power (prosecutors, for example) or the implementation of punishment/reward to civil servants and other employees.

These relations are an Autonomous group and are not included in the structure of the management of interactions, reflecting the nature of management as an independent form of public activity. The presence of this circumstance allows to define narrow and broad sense of this activity. In the first case, the actors are local entities and public administration. In the broad sense of the managerial activity is considered in the sense common to all municipal and state agencies.

Scope of the industry

It Must be said that in the legal literature recently circulated the statement that in the subject of regulation include not only relationship management, but controlled activity. Examples confirming this conclusion are the SDA, the rules of conduct of citizens in public places, order, trade, instruction in educational institutions, health standards, etc.

Management Structure monitor the adherence to these rules is used when necessary enforcement measures against violators.

The Possibility of separation of the controlled activity the subject of regulation stems from the essence of public administration. The participants do not personifizierte, unlikesubjects of administrative relations arising in the course of law-enforcement or enforcement activities. It should also be noted that often the actual activities of citizens, aimed at the implementation of the regulations is beyond the scope of administrative relations. This, in particular, relates to the scope of regulated technical and legal provisions, for example, in a construction project are reflected sanitary, fire and other requirements.

Features of the regulation of controlled activities

Legal and Administrative regulations are part of public order. Accordingly, they have a direct relationship to the regulation of controlled activities. It, in turn, can be regarded as a managerial relationship with an objective point of view because it is accompanied by a definition of the responsibilities and rights of potential participants in interactions.

To the managed activities include the registration of natural persons at the address of stay and permanent residence. As a direct subject, regulating this relationship is the government.

Nuances

Administrative and legal point of view can hardly be considered managed all activities. It is impossible not to take into account the characteristics of the civil society in which emergent relations do not allow the public authority in some spheres of life. Here interactions are governed not only by legal regulations. In this area are diverse, but and social norms.

There are many administrative rules governing the relationship that are not associated with management. These include, in particular, include definitions, provisions, which establish the range of persons who apply legal acts stipulating the requirements for the actual activities of specific workers, etc.

In conclusion

The Subject of administrative law are first and foremost social relations, emerging in the course of the positive activities of actors involved in the management process. However, its provisions reglamentary administrative, within the limits established by law, the material and disciplinary responsibility.

The Relationships that are formed in these and other cases with special character. They are subject to the jurisdiction of bodies of state administration and law enforcement have focus.

Accordingly, the subject of regulation include different social interaction, endowed with both General and specific features. Their unifying feature is that the participants of such relations are the subjects of power implementing legal and administrative powers.

To control is almost always characterized by the subordination of the will of subjects of joint activity of one control will. On the one hand we have the prevailing will, on the other – obeying the will of the other participants. That is the aspect ratio in management relationships governed by administrative law. It follows from this and authoritative nature of the interactions. This authority acts as a means of strong-willed regulation and control processes and the behavior of the subjects involved in them.